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The Medical Board of Australia and AHPRA respect the Supreme Court decision about Dr Philip Nitschke.

The Supreme Court of the Northern Territory yesterday found the Northern Territory Health Professional Review Tribunal erred in law and should not have upheld the decision of the Medical Board of Australia to suspend the registration of Dr Philip Nitschke, pending other inquiries.

The Medical Board of Australia and AHPRA respect the Supreme Court decision. The suspension on Dr Nitschke’s registration has now been lifted and his registration status updated on the online register of practitioners.

Monday’s Supreme Court decision relates to Dr Nitschke’s appeal against the July 2014 decision of the South Australian Board of the Medical Board of Australia to suspend his medical registration.

The Board had used its powers under section 156 of the National Law to take ‘immediate action’ to suspend Dr Nitschke’s registration to keep the public safe, while other investigations continued.

Preparations continue for a hearing in the Northern Territory Health Professional Review Tribunal, into the Board’s substantive case against Dr Nitschke. This hearing is currently scheduled for 16 November 2015.

The Board and AHPRA will now review yesterday’s Supreme Court decision in detail.

To protect the integrity of ongoing legal processes, the Board and AHPRA will not comment further at this time.